Wrightsman’s Psychology and The Legal System, 9th Edition PDF by Edie Greene and Kirk Heilbrun

By

Wrightsman’s Psychology and the Legal System, Ninth Edition

By Edie Greene and Kirk Heilbrun

Wrightsman’s Psychology and The Legal System, 9th Edition

Contents

Preface xiii

About the Authors xvii

Chapter 1

Psychology and the Law: Choices and Roles 1

The Importance of Laws 2

Laws as Human Creations 2

Laws Help Resolve Conflict and Protect the Public 3

The Changing of Laws 3

The Psychological Study of Law 4

Basic Choices in the Psychological Study of the Law 5

The First Choice: Rights of Individuals versus the Common Good 5

BOX 1.1: The “Unite the Right” Rally in Charlottesville and the Speech Rights of White Supremacists 7

The Second Choice: Equality versus Discretion 8

BOX 1.2: The Case of Evan Miller: Life Sentences for

Juvenile Offenders Are Excessive Punishment 11

BOX 1.3: The Case of Troy Davis and a Parole Board’s Discretion 12

The Third Choice: To Discover the Truth or to Resolve Conflicts 13

The Fourth Choice: Science versus the Law as a Source of Decisions 15

Psychologists’ Roles in the Law 17

BOX 1.4: The Case of Tatiana Tarasoff: The Duty to Protect 18

The Psychologist as a Basic Scientist of the Law 19

The Psychologist as an Applied Scientist in the Law 19

The Psychologist as a Policy Evaluator in the Law 21

The Psychologist as a Forensic Evaluator in Litigation 21

The Psychologist as a Consultant in Litigation 22

Summary 23

Key Terms 24

CHapter 2

The Legal System: Issues, Structure,

and Players 25

The Adversarial System 26

Legality versus Morality 27

Citizens’ Sense of Legality and Morality 28

BOX 2.1: The Case of a Duped Would-Be Offender 29

What Is Justice? 30

Distributive and Procedural Justice 30

Commonsense Justice: Everyday Intuitions about Fairness 32

Courts 33

State Courts 34

Federal Courts 34

The U.S. Supreme Court 34

BOX 2.2: The Case of Violent Video Games and Minors’ Free Speech Rights 35

Players in the Legal System: Judges 35

How Are Judges Selected? 35

Influences on Judicial Judgments 36

How Do Judges Decide? 37

Players in the Legal System: Lawyers 38

Lawyers’ Work Settings 38

Box 2.3: The Case of Clarence Gideon, His Famous Pauper’s Plea, and the Right to an Attorney 39

Law Schools and Legal Education 40

Professional Satisfaction among Lawyers 41

How Do Lawyers Make Professional Decisions? 42

Summary 43

Key Terms 44

CHapter 3

Psychology of Crime 45

Offending in the United States 46

Serious Offending 46

School Violence 47

Mass Killings in Public Places 49

Why Does Crime Happen? 49

BOX 3.1: The Case of Dexter Morgan: A Fictional Psychopath? 50

Theories of Crime as Explanations of Criminal Behavior 51

Sociological Theories of Crime 53

Biological Theories of Crime 54

Psychological Theories of Crime 57

BOX 3.2: The Case of Ted Bundy: A Real-Life Psychopath 58

Social–Psychological Theories of Crime 60

BOX 3.3: The Case of “Teenage Amusement,” a Murder, and a Video Game 63

Integration of Theories of Crime 65

Summary 70

Key Terms 70

Chapter 4

Psychology of Police 71

Selection of Police Officers 73

Box 4.1: The Case of Rodney King: Videotaped Police Brutality? 73

The Interview 76

Situational Tests 76

Psychological Tests 77

The Validity of Police Screening 77

Fitness-for-Duty Evaluations 78

Training of Police Officers 78

Training in Crisis Intervention 79

Interactions with Mentally Ill Citizens 79

Domestic Disturbances 81

Hostage Negotiation and Terrorism 84

The Police Officer’s Job 86

Stress and the Police 87

Box 4.2: Body Armor, Automatic Weapons, and the North Hollywood Shootout 88

Police–Community Relations 90

Box 4.3: The Case of Edward Garner and Limits on the Use of Deadly Force 91

The Future of Policing in the United States in the 21st

Century: The President’s Task Force Report 94

Building Trust and Legitimacy 94

Policy and Oversight 95

Technology and Social Media 95

Community Policing and Crime Reduction 95

Training and Education 95

Officer Wellness and Safety 96

Summary 96

Key Terms 97

Chapter 5

Eyewitnesses to Crimes and Accidents 98

Examples of Mistaken Eyewitness Identification 100

How Mistaken Eyewitness Identifications Occur 100

Basic Information Processing 101

Perception 101

Memory 101

Box 5.1: The Case of Larry Fuller and the Victim Who “Never Wavered” 103

How Psychologists Study Eyewitness Identification 104

The Variables That Affect Eyewitness Accuracy 105

Assessing the Impact of Estimator Variables 105

Controlling the Impact of System Variables 106

Reforming Identification Procedures 106

Interviewing Eyewitnesses 107

Lineup Instructions 107

Box 5.2: The Case of Wooden-Legged Michael Sams and His Victim’s Cognitive Interview 108

Lineup Presentation Method 108

The Influence of Feedback 110

Eyewitness Confidence 110

The Eyewitness in the Courtroom 111

Safeguards against Mistaken Identification 111

Limiting Eyewitness Testimony 112

Expert Testimony 112

Jury Instructions 112

Children as Witnesses 113

Children as Eyewitnesses to Crimes 113

Children as Victims of Maltreatment 113

Investigative Interviews 114

Disclosure of Child Maltreatment 115

Box 5.3: The Case of the 14-Year-Old Sexual Assault Victim Interviewed Twice 116

The Child Witness in the Courtroom 116

Procedural Modifications When Children Are Witnesses 117

Repressed and Recovered Memories 118

Repressed Memories of Child Sexual Abuse 118

Recovered Memories in Court 119

Creating False Memories 120

Summary 121

Key Terms 122

Chapter 6

Psychology of Victims of Crime and Violence 123

Perception of Those Who Experience Crime and/or Violence 124

Types of Victims 125

BOX 6.1: The Murder of Muslim Students in Chapel Hill: A Hate Crime? 126

Adversity and Trauma in Childhood 127

Consequences of Early Victimization 128

Violence, Crime, and Posttraumatic Stress Disorder 129

Posttraumatic Stress Disorder 129

BOX 6.2: The Case of Joe: Adverse Experience,

Multiple Traumas, and Posttraumatic Stress Disorder 130

Battered Spouses 132

Prevalence Rates 132

Beliefs about Domestic Violence 133

The Causes of Battering 133

The Cycle of Violence 134

Responses to Victims of Battering 135

The Psychology of Rape 136

Misleading Stereotypes about Rape 136

Facts about Rape 137

Motivations and Characteristics of Rapists 138

Acquaintance Rape and “Date Rape” 138

BOX 6.3: The Case of Bill Cosby: Prominence and the

Accusation of Sexual Assault 139

Consequences of Being Raped 140

How Do Victims React to Being Raped? 140

Preventing Rape 142

Sexual Harassment 145

Defining Sexual Harassment 146

Prevalence Rates 147

BOX 6.4: The Case of Teresa Harris: Sexual Harassment

on the Job 148

Applying Psychological Knowledge to Detecting Harassment 149

Offenders’ Experience as Victims of Crime, Violence,

and Trauma 150

Summary 151

Key Terms 152

Chapter 7

Evaluating Criminal Suspects 153

Profiling of Criminal Suspects 154

Classifying Homicide Offenders: Mass and Serial Murderers 156

Steps Involved in Criminal Profiling 159

The Validity of Criminal Profiles 160

Becoming an FBI Profiler 161

Detecting Deception 162

Methods of Detecting Deception 163

BOX 7.1: The Case of Contested Poisoning: Munchausen’s Syndrome By Proxy or Not? Can fMRI Tell the Difference? 167

Evaluating Confessions 168

Historical Background and Current Legal Standing 169

Whittling Away at Miranda 169

BOX 7.2: The Case of Ernesto Miranda and the Right

to Remain Silent: Changing Forever the Face of Police

Work 170

The Validity of Confession Evidence 171

Inside the Interrogation Room: Common Interrogation Techniques 172

BOX 7.3: The Case of Henry McCollum and Leon Brown:

Young, Intellectually Disabled Half-Brothers W ho Falsely

Confessed 173

False Confessions 176

Inside the Courtroom: How Confession Evidence Is

Evaluated 177

Reforming the System to Prevent False

Confessions 178

Summary 179

Key Terms 179

Chapter 8

Traditional Prosecutions: Arrest, Bail, Plea Bargain and Settlement, and Trial 180

Steps Between Arrest and Trial 182

The Initial Appearance 182

The Preliminary Hearing 182

The Grand Jury 182

Arraignment 183

Discovery and Pretrial Motions 183

BOX 8.1: The Case of Tim Masters and Prosecutors’ Failure

to Disclose Evidence 184

The Decision to Set Bail 185

What Considerations Affect the Decision to Set

Bail? 185

BOX 8.2: The Case of Marcella Deann Gomez and the Cybersearch for Defendants on the Run 186

Does Pretrial Release Affect Trial Outcome? 187

Can High-Risk Defendants Be Identified? 187

Plea Bargaining in Criminal Cases 188

Benefits of Plea Bargaining for Defendants and Attorneys 189

BOX 8.3: The Case of Shane Guthrie and the Power of the

Prosecution in Plea Bargaining 189

Psychological Influences on the Plea-Bargaining

Process 190

Evaluations of Plea Bargaining 191

BOX 8.4: The Case of Brian Banks and Football Aspirations

Derailed by a False Guilty Plea 192

Settlements in Civil Cases 192

Factors That Determine Settlement Amounts 193

What Is the Purpose of a Trial? 195

The Trial as a Search for the Truth 195

The Trial as a Test of Credibility 195

The Trial as a Conflict-Resolving Ritual 196

Steps in the Trial Process 196

Preliminary Actions 196

The Trial 197

Sentencing 198

The Appellate Process 199

Courtroom of the Future 199

BOX 8.5: The Case of Antonio Buehler and the Power of Visual Technology 200

Summary 202

Key Terms 203

Chapter 9

Alternatives to Traditional

Prosecution 204

Alternative Dispute Resolution 205

Arbitration 206

Summary Jury Trial 206

BOX 9.1: The Case of Sarah Smith, David Boyle, and Their

Swift Collaborative Divorce 206

Mediation 207

Beliefs about Alternative Dispute Resolution 208

Community Alternatives to Standard Prosecution 208

Community-Based Alternatives and the Sequential Intercept Model 209

BOX 9.2: Cit for Police, First Responders and Correctional

Officers 211

Problem-Solving Courts 212

BOX 9.3: The Case of a “Client” of Justice Matthew

D’Emic 212

BOX 9.4: Seattle Community Court: Creative Solutions

for High-Impact, Low-Level Crime 216

The Future of Community-Based Alternatives to Prosecution 218

Summary 219

Key Terms 219

Chapter 10

Forensic Assessment in Juvenile and

Criminal Cases 220

The Scope of Forensic Psychology 221

BOX 10.1: The Case of Andrea Yates: Tragedy and Insanity 222

Competence 223

Adjudicative Competence 224

Raising the Issue of Competence 224

Evaluating Competence 224

BOX 10.2: The Case of Jared Loughner: Assessing Competence 225

Results of Competence Evaluations 228

Competent with Medication, Incompetent without 230

Other Legal Competencies 230

BOX 10.3: The Case of Charles Sell: Involuntary Medication to Restore Competence? 230

Juvenile Competence to Stand Trial 232

The Insanity Defense 232

Rationale for the Insanity Defense 233

Varying Insanity Defense Rules 233

Famous Trials and the Use of the Insanity Plea 235

BOX 10.4: Is The Insanity Defense Relevant to Possible

Terrorist Acts? The 2016 Ohio State Attack 236

Facts about the Insanity Defense 237

BOX 10.5: The Case of John W. Hinckley, Jr. and the

Attempted Assassination of President Reagan 238

Public Perceptions of the Insanity Defense 239

Current Criticisms of the Insanity Defense 240

Revisions and Reforms of the Insanity Defense 242

Capital Sentencing Evaluations 243

Juvenile Transfer 244

Summary 246

Key Terms 247

Chapter 11

Forensic Assessment in Civil Cases 248

Experts in the Adversarial System 249

BOX 11.1: The Case of Columbine Shooter Eric Harris, Antidepressant Medication, and Violence: Expert Opinion or

Junk Science? 251

Psychological Damages to Civil Plaintiffs 254

Assessment of Psychological Damages 255

BOX 11.2: The Case of Antiterrorism Officer “John Doe”: Racial/Ethnic and Religious Discrimination in the Workplace

256

Workers’ Compensation 257

Assessment in Workers’ Compensation Claims 258

Civil Competencies 260

Assessing Competence to Make Treatment Decisions 262

Assessing Competence to Execute a Will 262

Psychological Autopsies 263

BOX 11.3: The Case of the U.S.S. Iowa: Gauging Reliability of the Psychological Autopsy 264

Child Custody and Parental Fitness 265

The “Best Interests of the Child” in Custody Disputes 265

Assessment in Custody Disputes 267

BOX 11.4: The Case of Ciesluk v. Ciesluk: Can a Custodial Parent Move Away? 268

Assessing Fitness to Be a Parent 269

Civil Commitment and Risk Assessment 269

Four Types of Commitment Procedures 270

Dangerousness and Risk Assessment 271

Difficulties in Assessing Dangerousness 271

Summary 272

Key Terms 273

Chapter 12

Preparing for Trials 274

Who Should Decide: Jury or Judge? 275

How Judges and Juries Compare 275

Determinants of Discrepancies 277

Newer Data on Judge/Jury Differences 278

Jury Selection Begins in the Community: Forming a Panel, or Venire 279

Judicial and Legislative Reforms 280

Jury Selection Continues in the Courtroom: The Voir Dire Process 281

Box 12.1: The Case of Timothy Foster and Racial Bias in Jury Selection 285

Box 12.2: The Case of J. E. B. v. Alabama ex rel. T. B.: Whose Child Is This and Who Gets to Decide? 286

Box 12.3: The Case of Jodi Arias, Her Two Sentencings, and Her Trial Consultant 292

Pre-Trial Publicity 293

Conflicting Rights 293

Effects of Pre-Trial Publicity 294

Box 12.4: The Case of Timothy McVeigh: Data on the Prejudicial Effects of Massive Pre-Trial Publicity 297

Remedies for the Effects of Pre-Trial Publicity 298

Summary 299

Key Terms 300

Chapter 13

Jurors and Juries 301

BOX 13.1: The Case of Ex-Smoker Lucinda Naugle and Her $300 Million Jury Award 303

How Jurors Think 304

The Story Model 304

Are Jurors Competent? 305

Jurors Rely on Relevant Evidence, Seen through the Lens of Their Emotions 306

Jurors’ Understanding of Expert Testimony 307

BOX 13.2: The Case of Dharun Ravi: Expert Testimony from an I.T. Specialist 307

Jurors’ Abilities to Understand Their Instructions 308

Jurors’ Willingness to Apply Their Instructions 310

BOX 13.3: The Case of Byron De La Beckwith: Jury Nullification and Race 311

Jurors’ Abilities to Decide Complex Cases 312

Effects of Extralegal Information 313

BOX 13.4: The Case of Charles Falsetta and His Propensity to Commit Sex Crimes 315

Can Jurors Disregard Inadmissible Evidence? 316

Are Jurors Biased? 317

The Assumption of a Blank Slate 317

Inevitability of Juror Bias 318

BOX 13.5: The Case of Jerry Sandusky: The Search for Unbiased Jurors 318

How Juries Deliberate 320

Jury Reform 322

The Jury: Should It Be Venerated or Vilified? Revered or Reviled? 323

Summary 324

Key Terms 325

Chapter 14

Punishment and Sentencing 326

The Purposes of Punishment 328

Utilitarian Approaches 329

Retributive Approaches 329

BOX 14.1: The Case of a Crooked Couple and Their Shaming Penalty 331

Restorative Approaches 332

BOX 14.2: The Case for Restorative Justice: Healing a Mother Wounded by Tragedy 333

Judicial Discretion in Sentencing 333

Sentencing Policies 333

Sentencing Process 334

Determinants of Sentencing: Relevant and Irrelevant 335

Sentencing Juvenile Offenders 337

Juvenile Court Dispositions 337

Blended Sentencing 338

Life Sentences for Juvenile Offenders 338

Sentencing Sex Offenders 338

BOX 14.3: The Case of Jacob Ind: When a Kid Gets Life 339

Registration and Notification 339

Residency Restrictions 340

BOX 14.4: The Case of John Albert Gardner III: Registered Sex Offender and Confessed Murderer 341

Involuntary Commitment 341

Mandated Treatments for Sex Offenders 342

The Death Penalty: The Ultimate Punishment 343

Concerns about Innocence 344

Justifications for the Death Penalty 344

Equality versus Discretion in Application of the Death Penalty 345

BOX 14.5: The Case of Warren McCleskey: Does Race Matter? 345

Capital Jury Decision-Making 346

Limiting Use of the Death Penalty 348

BOX 14.6: The Case of Dylann Roof: (Lack of) Evidence about Mental Illness 349

Summary 351

Key Terms 352

Chapter 15

Juvenile and Adult Corrections 353

Juvenile Corrections 354

Assessing Risk and Needs in Juveniles 355

Community-Based Interventions 356

BOX 15.1: The Case of Marcus: A Youth Treated in the Community with Multisystemic Therapy 358

Secure Residential Interventions 360

BOX 15.2: The Case of Thomas Harris: Imprisoned, Violent, and Skeptical 362

Reentry 363

Adult Corrections 363

Assessing and Diverting Offenders 363

Community-Based Interventions 364

BOX 15.3: The Case of Louise Franklin: A Defendant on Probation 365

Institutional Interventions 369

BOX 15.4: The Case of Michael Vick: Was He Rehabilitated in Prison? 373

Psychological Consequences of Imprisonment 374

Reentry 375

Summary 377

Key Terms 378

Glossary 379

References 389

Name Index 430

Subject Index 444

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